jeffrey toobin is author of "the oath: the obama white house and the supreme court." so what exactly does he mean? you've studied justice scalia. you have studied the law. when he talks about the reduction to the absurd. >> well, it's actually a very interesting controversy that may be changing before our very eyes, wolf. because historically one of the grounds that congress can pass a law is they say, we morally disapprove. moral disapproval is not an aprop pree grounds for a government action but over time the court has said certain kinds of moral disapproval is no longer allowed. you can't simply disapprove of blacks and whites going to school together and pass a law. the question now is, is moral disapproval of homosexuality a legitimate ground for the government doing anything? that's really one of the main issues in this case coming out. >> that's his argument, that that's why he's opposed to it? is that what you're saying? >> well, what he's saying is that the legislature, whether it's a state legislature or congress can say we morally disapprove of homosexuali